Repeated Denial of Architectural Request

Question:

I’m having an issue with our HOA president concerning the installation of a Gazebo on our property. We have submitted four different variances, and they were all disapproved by the president of the HOA, not our architecture control committee. Our compliant committee consist of the HOA president and members of the ACC, so therefore filing a complaint is never tabled. Home Owners has no recourse as we try to abide by the convenient. The only specification is the HOA wants a licensed contractor to install a gazebo, play station or any item such as these. What actions can we take at this point?

– Keith

 

Answer:

Hi Keith,

Kindly review the governing documents and their architectural requirements to verify whether or not the gazebo should be approved as long as the homeowners follow the HOA’s requirements (e.g. hiring a licensed contractor, size and specifications of gazebos).

If your request follows the HOA’s guidelines, you may raise this with the HOA board by contacting them directly. You may also raise your concerns at a board meeting. If this does not help, you may use alternative dispute resolution through mediation or arbitration. You may also remove the problem board member(s) according to the procedure outlined in the governing documents. For further guidance, kindly consult a lawyer.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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